§ 18.2-91 — Burglary / Breaking & Entering
Court outcome data from 3,283 cases across 122 jurisdictions · 2025
Of 3,283 cases filed in 2025 under § 18.2-91, 1,860 reached an outcome — 56.4% were dismissed or dropped and 42.4% resulted in conviction, across 122 Virginia jurisdictions.
This page provides statistics from public court records for informational purposes only. This is not legal advice. For guidance on your specific situation, consult a licensed Virginia attorney.
Penalties Under § 18.2-91
Section 18.2-91 addresses entering a dwelling or structure with intent to commit larceny, assault and battery, or another felony in Virginia. Statutory burglary under this section is punishable by 1 to 20 years in prison, or up to 12 months in jail at the court's discretion. If the person was armed with a deadly weapon at entry, it rises to a Class 2 felony.
Of 3,283 § 18.2-91 cases filed in 2025 across 122 Virginia jurisdictions, 1,860 reached an outcome — an average dismissal rate of 56.4% and an average conviction rate of 42.4%.
Court Outcomes Across Virginia
Across 122 Virginia jurisdictions (2025):
Top Jurisdictions
Courts with the most cases related to this statute.
| Jurisdiction | Cases | Dismissal Rate | Conviction Rate | Median Duration |
|---|---|---|---|---|
| Fairfax County | 158 | 80.0% | 20.0% | 3.9 months |
| Virginia Beach | 157 | 47.3% | 52.7% | 4.9 months |
| Norfolk | 150 | 54.5% | 45.5% | 3.7 months |
| Richmond City | 148 | 53.0% | 47.0% | 3.3 months |
| Newport News | 129 | 67.5% | 32.5% | 5.0 months |
| Hampton | 112 | 67.2% | 32.8% | 3.2 months |
| Prince William County | 111 | 58.3% | 41.7% | 5.1 months |
| Henrico County | 110 | 58.1% | 41.9% | 3.9 months |
| Chesterfield County | 106 | 78.7% | 21.3% | 3.5 months |
| Roanoke City | 92 | 56.9% | 43.1% | 1.5 months |
| Danville | 74 | 57.8% | 42.2% | 2.8 months |
| Montgomery County | 70 | 52.9% | 47.1% | 2.6 months |
| Chesapeake | 65 | 59.5% | 40.5% | 3.7 months |
| Portsmouth | 59 | 69.2% | 30.8% | 2.2 months |
| Hanover County | 59 | 60.6% | 39.4% | 4.6 months |
Source: Virginia public court records, 2025 — VirginiaCourtFile.com
Common Questions
What's Next
Charged under this statute? An attorney can review what this means for your case — free, no obligation.